Efectividad de la acción de protección : tiempo en su presentación conforme el plazo razonable.

Abstract

The writ of protection is a fundamental judicial remedy for safeguarding rights enshrined in the Constitution and International Human Rights Instruments. This remedy provides "direct and effective" protection of rights that have been violated, whether by act or omission of public officials in the performance of their duties. However, among the requirements for its admissibility, there are no provisions concerning the time limit for filing; this omission results in a significant issue, as it has allowed the writ to be invoked long after the alleged rights-violating act occurred. There are instances where this action has been filed 3, 10, or even 20 years later; as a result, this jeopardizes the validity of the right to effective judicial protection and legal certainty. This is due to the excessive passage of time and the consolidation of legal situations, which have rendered the writ of protection an illusory remedy. When resolved long after the fact, the reparative measures ordered fail to achieve their intended purpose, as the factual and legal reality differs from that at the time of filing. Consequently, establishing criteria that align with a reasonable time frame for filing the writ of protection would not only prevent its distortion but also ensure that this remedy, when invoked in a timely manner, constitutes an adequate and effective means capable of achieving the outcomes for which it was established in law.